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DENTY v. McCALL

No. WD 40309.

758 S.W.2d 734 (1988)

Samuel J. DENTY and Carolyn M. Denty, Plaintiffs-Respondents, v. W.K. McCALL and Patsy McCall, Defendants-Appellants.

Missouri Court of Appeals, Western District.

October 18, 1988.

Attorney(s) appearing for the Case

Milton B. Garber, Garber & Garber, Fulton, for defendants-appellants.

D. James Mariea, Whitlow, Riley, Mariea & Dunlap, Fulton, for plaintiffs-respondents.

Before TURNAGE, P.J., and SHANGLER and MANFORD, JJ.

TURNAGE, Presiding Judge.

Samuel J. Denty and Carolyn M. Denty sued W.K. McCall and Patsy McCall for a breach of warranty of habitability or quality of a new home. Smith v. Old Warson Development Co., 479 S.W.2d 795 (Mo. banc 1972). The case was tried to the court and the court entered judgment in favor of Denty in the amount of $9,110. McCall contends that Denty failed to mitigate damages and that there was no evidence to...

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